The organs of the state

Introduction

The work of government is vast and complex. To perform it efficiently and to protect liberty, it is divided among three organs. This division was explained by Aristotle, who identified deliberative, magisterial and judicial elements in government, and was developed into the theory of separation of powers by Montesquieu.

The three organs at a glance

• Legislature: the law-making body, representing the people's will; in Pakistan, the Majlis-e-Shoora (National Assembly and Senate) and the provincial assemblies.
• Executive: the body that enforces laws and runs the administration; in Pakistan, the President, the Prime Minister and cabinet, the provincial governments and the civil service.
• Judiciary: the body that interprets laws, settles disputes and protects rights; in Pakistan, the Supreme Court, the Federal Constitutional Court, the High Courts, the Federal Shariat Court and subordinate courts.

Why divide government among organs?

• Specialization: each organ develops expertise in its own work.
• Efficiency: work is shared rather than concentrated in one body.
• Protection of liberty: no single person or body holds all power.
• Accountability: each organ can check the others.
• Rule of law: independent courts ensure that the government obeys the law.

Relationship among the organs

The organs are separate but interdependent. In Pakistan's parliamentary system:

• The executive (Prime Minister and cabinet) comes from the legislature and is answerable to it.
• Parliament controls the executive through questions, debates, committees, the budget and votes of no-confidence.
• The executive proposes most laws and the budget; the President assents to bills.
• The judiciary can strike down laws and executive actions that violate the constitution (judicial review).
• Parliament can amend the constitution, and judges are appointed through a process involving both judges and parliamentarians.

Challenges in Pakistan

• Periods of military rule disturbed the balance among the organs.
• Conflicts between the executive and judiciary, and disputes over judicial appointments.
• Weak parliamentary committees and frequent use of ordinances by the executive.
• Slow justice and large backlogs of cases.

Conclusion

A balance among the three organs, each working within its constitutional limits and respecting the others, is the key to good governance, democracy and the protection of citizens' rights.