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Posted by Chester Morton / Tuesday 12 June 2018 / No comments
The main features of the 1951 constitution of the Gambia
THE MAIN
FEATURES OF THE 1951 CONSTITUTION OF THE GAMBIA
Introduction
In 1951,
a new constitution came into effect in the Gambia. This was under the tenure of
Governor Sir. Percy Wyn-Harris. The constitution introduced a few new changes
to the previous constitution of 1947.
MAIN
FEATURES OF THE NEW CONSTITUTION
Legislative
Council
There was
a provision for a Legislative Council under the constitution. The members
included unelected members such as the Colonial Secretary, the Financial
Secretary, the Attorney General, the Director of Medical Services and two
others nominated by the Governor. The Governor presided over their meetings. There were
three elected members also. They were John Colley Faye, Ibrahima Momodou
Garba-Jahumpa and Henry Madi. Their main function was to make laws for the
colony.
Executive
Council
The
constitution also made provisions for an Executive Council which was made up of
the Governor himself, the Colonial Secretary, the Director of Medical Services,
and the Collector of Customs. There were two Africans who were appointed to
serve on the Council in the previous years. There was also another African was elected into the Council previously. The main function of the Executive
Council was to advice the Governor on the administration of the colony.
ADVANTAGES
OF THE CONSTITUTION
Elective
Principle
One of
the advantages of the constitution was that the elective principle which was introduced under the previous constitution to elect a member of the Legislative and the Executive Council
was maintained.
Increased
elected seats
Also,
there was a marked improvement on the number of elected seats in the
Legislative Council. The number of elected seats was increased from one to
three. Three constituencies were created and three candidates were elected.
They were John Colley Faye, Ibrahima Momodou Garba-Jahumpa and Henry Madi, a
Lebanese with deep family roots in the Gambia.
Introduction
of party politics
It is
also remarkable to mention that under the 1951 constitution, partisan politics was allowed into the body politic of the Gambia for the first time. The Democratic Party, which was formed a year earlier and the
Muslim Congress Party which was later formed, contested the elections of 1951
together with an independent candidate. John Colley Faye won on the ticket of
the Democratic Party, Ibrahima Momodou Garba-Jahumpa won on the ticket of the
Muslim Congress Party and Henry Madi won as independent candidate.
DISADVANTAGES
Limited
Franchise
It was
true that the elective principle was maintained under the 1951 constitution but
that was still not enough because there were still limitations or barriers
based on property ownership, age and level of education. Universal Adult
Suffrage was still many years away.
Governor’s
Veto Power
Again,
the constitution had a shortfall in the sense that the Governor still possessed
his powers of veto and certification. With the veto powers, the Governor could
prevent a bill from being passed into law. With the power of certification, the
Governor could force a bill to be passed into law if in his opinion that was in
the interest of the British government, regardless of contrary views from members of the Council.
Advisory
of the Executive Council
Another
limitation of the 1951 constitution was that the Executive Council was still
functioning as an advisory body. They, as a body did not have much influence
over the Governor. In fact, the Governor was not bound by any advice given by
the members of the Executive Council. He chose to listen or not to listen to
them.
Violated
the principle of Separation of Powers
The
constitution as it stood at the time violated the principle of Separation of
Powers. Under the constitutional arrangement, some members of the
Legislative Council were at the same time members of the Executive Council. This
was against the principle of Separation of Powers which advocates strict
separation of the three organs of government in functions, powers and
personnel.
SAMPLE
QUESTION(S)
1. a.
Examine the main features of the 1951 colonial constitution of the Gambia.
b. What are its advantages and
disadvantages?
ALSO READ:
The main features of the 1947 constitution of the Gambia
The main features of the 1965 independent constitution of the Gambia
The main features of the 1960 constitution
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