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Posted by Chester Morton / Tuesday 12 June 2018 / No comments
The main features of the 1954 constitution of the Gambia
THE MAIN
FEATURES OF THE 1954 CONSTITUTION OF THE GAMBIA
Introduction
The 1954
constitution of colonial Gambia was introduced by the then Governor called Sir. Percy Wyn-Harris. He was the Governor of the Gambia between 1st
December 1949 and 19th June 1958. This new constitution was an improvement
over the previous one introduced in 1951.
MAIN
FEATURES OF THE CONSTITUTION
Legislative
Council
The
constitution established a Legislative Council for the colony which increased
the membership of the body. There were seven unelected members who included the Colonial
Secretary, the Financial Secretary, the Attorney-General, the Senior
Commissioner, the Director of Medical Services and two others appointed by the
Governor. There were also four elected members. They were, Pierre Sarr
N’Jie of the United Party, John Colley Faye of the Democratic Party, and Ibrahima
Momodou Garba-Jahumpa of the Musim Congress Party. The fourth was an independent
candidate called Henry Madi. Their main function was to make laws.
Executive
Council
The
membership of the Executive Council, provided for under the 1954 constitution
included, the Governor of the colony presiding, the Colonial Secretary, the
Director of Medical Services and the Collector of Customs. The main function
was to assist the Governor to administer the colony. Provision was also made for the appointment of African members to the Council by the Governor.
SIGNIFICANT
ELEMENTS OF THE 1954 CONSTITUTION
Elective principle
maintained
Under the
1954 constitution, like the previous one in 1951, the elective principle was
maintained in getting some members into the Legislative Council. Thus, three members, including Pierre Sarr N’Jie of the United Party, John Colley Faye of the Democratic
Party, Ibrahima Momodou Garba-Jahumpa of the Musim Congress Party were elected into the Legislative Council. The fourth, an independent candidate called Henry Madi also became a member when he won the seat in his constituency.
Partisan
politics maintained
The
constitution also maintained political party activities as a means of selecting
some of the members of the Legislative Council. Therefore, under the
arrangement, three members of the Council were elected on the ticket of a political
party. They were Pierre Sarr N’Jie of the United Party, John Colley Faye of the Democratic Party, Ibrahima Momodou Garba-Jahumpa of the Musim Congress Party and Henry Madi an independent candidate.
Number of
parties increased
Again, it
is significant to mention that the number of political parties which contested
the elections under the 1954 constitution increased from two to three, they were the Democratic Party, the Muslim Congress Party and the latest one, the United Party.
Increased
elected members in the Legislative Council
Also, the
number of elected members in the Legislative Council was increased from three
to four. Thus three people, Pierre Sarr N’Jie of the United Party, John Colley
Faye of the Democratic Party, Ibrahima Momodou Garba-Jahumpa of the Muslim
Congress Party. An independent candidate called Henry Madi was also elected to
serve on the Council.
DISADVANTAGES
OF THE CONSTITUTION
Limited
Franchise
Though the
elective principle was maintained under the 1954 constitution it was still inadequate
because before one could qualify to vote, one still had to be of a certain age or
own property valued at a certain amount and must be literate to a certain level.
Universal Adult Suffrage was still about six years away.
Governor’s
Veto Power
The
constitution did not meet the aspirations of the people because 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 even if majority of the members of the Legislative Council were opposed to it.
Advisory role of the Executive Council
The
Executive Council still functioned as an advisory body. It did not have much
control over the Governor. In fact, the Governor could choose to or not to take
the advice of members of the Executive Council. In other words, he chose to
listen or not to listen to them.
Violated
the principle of Separation of Powers
The
constitution was a violation of the principle of Separation of Powers because some
the members of the Legislative Council were also members of the Executive
Council. This is not in agreement with the principles of Separation of Powers which
says there must be a strict separation between the three arms of government in
functions, powers and personnel.
ALSO READ:
The main features of the 1947 constitution of the Gambia
The main features of the 1951 constitution of the Gambia
The main features of the 1960 constitution
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