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Unit 7: Constitutional Structure: Executive

nominates ecclesiastical and defence authorities, regulates the conditions of service of the personnel, Notes
suspends and removes guilty officials, holds supreme command over the defence forces and in some
respects supervises the work of local government. It conducts foreign relations, sends and receives
ambassadors and other diplomatic agents, makes war and peace, signs treaties and international
agreements.
The powers of the Crown are vast not only in executive matters but also in the field of legislation. It
summons the session of the Parliament, prorogues it, and can dissolve the House of Commons. It
delivers inaugural address when the Parliament meets which is called Speech from the Throne. It can
create peers. All laws passed by the Parliament receive its assent for the sake of constitutional validity.
It can promulgate ordinances in relation to its colonies. However, in one direction where its powers
have increased immensely is that of delegated legislation whereby the departments have the power
of issuing statutory instruments in order to keep the parent legislation in operation. This device has
contributed to an immense increase in the powers of the civil servants. While it is required that such
orders must be in conformity with the wishes of the Parliament and they, at a later date, must be
approved by the parent institution, normally it happens that all such orders prevail as the Parliament
suffers from shortage of time to discuss them in detail.
Then, the Crown has judicial powers. The judges of the local governments are appointed by the Crown.
The Lord Chancellor is appointed by it. All issues which come before the judicial committee of the Privy
Council are decided by it. It also exercises prerogative of mercy and may grant pardon to persons
convicted of criminal offences. In this way, it is the fountain-head of justice. It is also head of the Church
of England. As such, it appoints bishops, archbishops and deans. It also summons the ecclesiastical
conventions of York and Canterbury and their acts require its assent. Besides, it also acts as the head of
the Church of Scotland. By virtue of these ecclesiastical powers the monarch is called the ‘defender of
the faith’. It is required by the Act of Settlement that the wielder of the Crown must be a Protestant.
Finally, it is said to be the fountain-head of honour and by virtue of this privilege, it bestows titles and
honours and decorations on such subjects as have rendered meritorious services to the state.
Bagehot’s Classic Interpretation: An eminent English writer Bagehot has given a graphic expression
of the powers of the monarch. He says that the sovereign has still three rights - the right to be consulted,
the right to encourage, and the right to warn. He continues that “a king of great sense and sagacity
would want no others. The three rights maybe thus explained:
1. Right to be Consulted: The fact that the king acts on the advice of the Prime Minister does not
imply that the sovereign has forfeited his prerogative of being consulted in the matters of public
interest. It is possible that a Prime Minister like Palmerston may be admonished by a monarch
like Queen Victoria for keeping her in the dark about certain important developments. He
keeps himself in touch with important matters affecting his people and his country. If he so
likes, he may call the Prime Minister for gathering necessary information. It is thus obligatory
on the part of the Prime Minister to keep the monarch well-informed and obtain his consultation
as well since under the constitution, as Sir Winston Churchill once said, the sovereign “has a
right to be made acquainted with anything for which his ministers are responsible, and has an
unlimited right of giving counsel to his government.”
2. Right to Encourage: Then, the king by virtue of his long life and experience may be better
informed and more experienced than the Prime Minister and thereby act better as a friend and
guide of the government. As Prime Minister Peel said that “a king after a reign often years
ought to know much more of the working of the machine of government than any other man in
the country.” When Queen Victoria withdrew from public life due to the death of Prince Consort,
even a great leader and Prime Minister like Disraeli had to say: “For more than 40 years Your
Majesty has been acquainted with the secret springs of every important event that has happened
in the world and during that time have been in constant communication with all the most
eminent men of your kingdom. There must necessarily have accrued to a sovereign so placed
such a knowledge of affairs and of human character that the most gifted must profit by an
intercourse with Your Majesty and the realm suffer by Your Majesty’s reserve.” This statement
makes it quite plain that even a leading political leader has to look to the sagacious king for

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