Difference between Executive Power and Administration Power



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The administrative function is that of actually administering the law as passed by the legislature and interpreted by judiciary. The distinction is usually made by declaring the executive function to be essentially political in character, that is, some involving the exercise of judgement in its use; and the carrying out of orders as given by other organs.

We may call this branch as technical or permanent executive. The political executive is the connecting link between the permanent executive and legislature under whose direction and supervision and control the permanent executive functions.

The permanent or technical executive is responsible to the legislature and not to the political executive and in the real sense the political executive has got no authority to order the technical executive to do something.

Its authority consists merely to take such steps as may be necessary to see that such orders as are given to them by law are duly enforced. The political executive is created only for effect efficiency which is possible through acting as Sword of Damocles or the head of the permanent executive.

From the standpoint of legislature it will look primarily to the political executive for the efficient carrying out of its administrative determination.

As far as the question of relations between the political and technical executive is concerned, the latter, though legally speaking, is responsible to the legislature, yet it is responsible to the legislature only through the political executive. Thus it is first responsible to the political executive and then afterwards to the legislature.

Thus, in a sense, the political executive is the matter of technical executive. Every report and action of the latter is to be submitted to the legislature only through the former. The former, thus, has got every authority and power to call for any action from the technical executive. They are accountable to the legislature for the manner in which they perform their duties.

The legislature, therefore, delegates the whole administrative powers to the political executive or its chief so that the latter may be able to have the needed supervision over the technical executive.

Thus we can conclude that the legislature in order to have an effective control over the technical executive, delegates all the powers to the political executive who is responsible for all acts of the technical executive to the legislature.

The political executive exercise a controlling supervision over the technical executive and takes necessary steps to see that the orders given by the legislature are only carried out by the technical executive and the latter is responsible and accountable for all its acts to the political executive.