The Swiss Federal Government/Council (Notes)
The Swiss Federal Government is the custodian of the executive power of the federation. Article 174 of the Swiss constitution describes it as "the highest governing and executive authority of the federation".It is a plural or collegial council consisting of the seven equal members who exercise all the executive powers as a collective body.
COMPOSITION: The supreme executive powers of the Swiss confederation are vested in the Federal Council consisting of seven members which is neither increased nor decreased. The members are elected for four years by Federal Assembly in joint session. It is not necessary according to the constitution that the members are elected from the Federal Assembly. But by convention the members are elected from amongst the member of the Federal Assembly. They resign their membership of the legislature on getting into the council. Article 175 (3) of the constitution specifies that no two councillors can be from the same canton. By a convention no two person related by blood or marriage can become its members at the same time.
Chairman/President of the Federal Council: One of the seven councillor is elected by the Federal Assembly as the Chairman/President of the Federal Council for the period of one year only. The chairman of the council, in fact, rotates amongst them. The chairman is designated as the President of the Swiss federation but does not enjoy any special powers.He presides over the meeting of the council and does exercise a casting vote in case of tie. As the President of Switzerland he/she performs certain ceremonial functions. He represent the country on official occasion and receives ambassadors from other countries. Though the office of the President does not hold any special privileges yet this office command great respects.
Powers and Function: The federal council or govt. has executive authority over all subjects which have been assigned by the constitution to the federation. Article 178-187 give a detailed account of the powers of the federal govt. We can discuss these powers under four heads legislative, executive, financial and judicial
1. Legislative: Its legislative power are as follows;
a) They prepare and initiate measures either on their own accord or at the request of the federal Parliament (Assembly) and then pilot them through the Houses.
b) Though they do not have any vote in the houses yet they participate in the proceedings of the houses and reply to the question.
c) The federal Govt (Council) had the responsibility to the draft bills on the basis of the demands which come it through the 'postulates' and 'motion' adopted by the Federal Parliament.
d) The Federal Councillors play a decisive role int he legislative commissions constituted by the federal parliament for discussing and reporting on measures for law-making.
2. Executive: The constitution vests the supreme executive powers in the federal govt. As such, it exercise the following powers;
a) It is responsible for the enforcement of laws and ordinance passed by the federal legislature.
b) To conduct the foreign affairs of Switzerland and to ensure the maintenance of independence and neutrality of the country.
c) It maintains internal peace, law and order.
d) It appoints all officers of the federation except those who are appointed by the Federal Parliament (Assembly) in a joint session.
e) It carries on the administration of federal affairs in conformity with the laws of federation.
f) It executes the decisions of the federal Court and arbitrates the awards on disputes between the cantons.
g) It protects the observance of cantonal constitution.
h)It exercise supervisory control over the cantonal government for securing the enforcement of federal law.
i) It examine the treaties which the cantons enter into with each other or with the foreign countries and approves them if it deems fit.
j) It submit regularly a report on its works int he sphere of domestics and foreign affairs to the federal parliament at each session and makes special report on the occasions if required to do so.
3. Financial: The federal council administers federal finance as well. As such'
a) It prepares the annual budget and presents it ti the federal parliament.
b) It has to see that the budget is passed by the parliament (Assembly).
c) It collects the revenues and supervises the expenditures appropriated by the legislatures.
d) It manages, the national undertakings such as railways.
4. Judicial: The federal govt. is equipped with powers of the judicial nature as well, though some of its powers were drastically curtailed in 1914. Nevertheless, it still has the power to hear appeals of private individuals against the decisions cantonal governments in cases relating to discrimination of elementary school, differences arising out of treaties to trade, military, taxation, customs, cantonal election etc.
Though, theoretically and constitutionally the Federal Govt. is subservient to the Federal Parliament. However, in reality the Federal Govt. enjoys the dominant position.
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