Judicial and Legislative Function of the Central Executive.

 Judicial and Legislative Function of the Central Executive.

In India, the central executive, though primarily focused on executing laws, also has legislative and quasi-judicial functions, including promulgating ordinances, participating in the legislative process, and exercising clemency powers, while the judiciary interprets laws and safeguards fundamental rights. 

Legislative Functions of the Central Executive:

1. Participation in the legislative process:

The President, as the head of the executive, plays a crucial role in the legislative process. 

2. Convening, proroguing, and dissolving Parliament:

The President has the power to summon and dissolve the Parliament and also prorogue its sessions. 

3. President's assent is required to transform a bill into an act:

The President's assent is necessary for a bill passed by Parliament to become an Act. 

4. Power to make ordinances:

The President can promulgate ordinances under Article 123 of the Constitution in certain situations, giving them the force of law. 

5. Appointment of high officials:

The executive branch, headed by the President, is responsible for appointing various high officials, including the Attorney General and the Comptroller and Auditor General. 

Judicial Functions of the Central Executive:

1. Appointment of Judges

According to Article 124(2) and 217(1) of the constitution, the central executive appoints the judges of the Supreme Court and the High Court respectively.

2. Clemency powers:

The President has the power to grant pardons, reprieves, and other forms of clemency under Article 72 of the Constitution. 

3. Quasi-judicial powers:

The executive branch also exercises quasi-judicial powers through the establishment of tribunals, which are similar to courts and decide disputes between parties. 

4. Immunity from court proceedings:

The President and the Governor enjoy immunity from court proceedings under Article 361 of the Constitution. 

5. Judicial review:

The judiciary, including the Supreme Court and High Courts, has the power of judicial review and can strike down laws that it considers unconstitutional or arbitrary.