Primary function of the executive is enforcement of law, such a view is not comprehensive. The complexity of the modern State assigns a variety of functions to the executive. These functions have been briefly described below.
Important Functions of the State Executive
(1) Direction and Supervision of Administration:
Executives in all States are responsible for the overall direction and control or administrative machinery. Political executive does not enforce law directly.
It is the civil service or the permanent executive who enforces the law in accordance with the policy laid down by the political executive.
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But the political executive is responsible for the supervision of administration. In order to assert this power, the political executive is assigned the function of appointment, promotion, removal and suspension of administrative personnel.
However, in most of the modern States administrative personnel are recruited on merit basis.
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As such independent statutory bodies like the Public Service Commissions in India recommend the names of suitable candidates for the purpose of appointment. Even then these recommendations are for advisory nature and are not mandatory on the part of the executive.
An important power of the executive under this category is the power to issue such regulations as may be necessary to prescribe the manner in which administrative officials are to precede in the enforcement of laws.
(2) Diplomatic Functions:
Under this category, the functions of the executive include Power to make treaties with other States, power to accredit ambassadors and delegates to foreign countries, the international inference, etc.
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Broadly speaking, executive is assigned the task conducting the foreign relation on behalf of the State. However, in most of the States, the treaty-making power of the executive is subject to the approval by the legislature. In the
U.S. Constitution, there is no express provision that all treaties may be signed by the President but these will be effective only after their ratification by the legislature.
(3) Military functions:
In most of the States the political executive has supreme control over the Armed Forces of the State.
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Thus, the essential function of the State to protect the country against external aggression is assigned to the executive. However, in some States power to declare war is vested in the legislature. In the U.S.A. the Congress alone can declare the war.
But the American President’s power to mobilize the armed forces provides ample opportunity for the President to create circumstances when the Congress would be compelled to declare war.
Moreover, in those days undeclared wars like the Bangladesh Liberation, the Sino- Indian war, and the China-Russia border conflict, are common. Such wars are often conducted by the executive without any approval from the legislature.
(4) Financial functions:
Fiscal functions relating to public finance are important. Although in most of the modern States, it is the legislature that controls the public purse, functions of the executive in relation to public finance are important.
Budget or the annual financial statement is prepared by the executive and is presented to the legislature for approval.
Such provision exists not only in parliamentary system like India but also in presidential system like the U.S.A. The executive also controls the execution of budget as a safeguard against wasteful, unwise and illegal expenditures by civil services.
(5) Judicial Functions:
The executive in most of the States also performs certain limited types of judicial functions. Right to grant pardon reprieve, remission are some of he quasi-judicial powers enjoyed by the executive.
These powers are exercised with due caution ought not be used to protect a criminal. In some countries, the top executive makes appointment of judges. Moreover, some administrative cases are also decided by the executive. This is ^own as ‘adjudication’.
(6) Legislative Functions:
In almost all the States, the chief executive is authorised to summon, prorogue and adjourn the legislature. In parliamentary system like India and the U.K. the chief executive is also empowered to dissolve the legislature in order to enable the cabinet to seek a fresh mandate from the electorate.
In these States, the chief executive also recommends legislative proposals through speeches delivered in the Parliament. In the U.S.A., the presidential messages to the Congress embody proposals for legislative enactment. The powers of veto (suspensive or absolute) enjoyed by the executive also amounts to a check over undesirable legislation. Ordinance making power is also a legislative power of the executive.
Lastly, the advent of the welfare State has assigned to the executive a new group of legislative functions. Activities of the welfare State are too large. Hence all details of laws cannot be incorporated in laws or statutes.
Thus the legislatures in modern States have resorted to a device known as “Delegated Legislation”. Legislatures only pass the laws in broad outlines. The detail are filled in by the executive or rules and regulations framed by the executive in accordance with the spirit of the original statute. Thus the executive has acquired law-making power indirectly. The delegated legislation, however, is subject to legal and legislative security.