What is Executive?

  1. It is very difficult to define the executive. Ordinarily, the executive power cannot the residence of governmental functions that remain after legislative and judicial functions are taken away, subject to the provisions of constitutions or of any law , (Maolrav Rao vs UOI 1971)

  2. The executive function comprises of :

    1. The determination of the policy.

    2. Carrying it into execution initiation of legislation, the maintenance of order; the promotion of social and economic welfare; the direction of foreign policy; the carrying on or supervision of general administration of the state; and, the carrying of trading activity.

  3. It is one of the functions of the executive to execute laws. This does not mean that the executive function is fixed. This is subject to change by the legislature. It can also be carried out without prior legislature support, provided it does not violated the constitution or law (Mangunebhai Vs. UOI 1969). [In India, residual power resides with the parliament.]