Posted by Chester Morton / Monday, 5 December 2016 / No comments
The main features and limitations of the 1951 Arden Clarke Constitution of the Gold Coast
Introduction
The 1951 constitution of the Gold Coast was introduced by
Arden Clarke. The constitution was approved in 1950 but it came into effect on
first January, 1951 which is why it is referred to as the 1951 constitution.
THE MAIN FEATURES OF
THE CONSTITUTION
The Legislative Assembly
The new constitution made provision for a Legislative
Assembly. The assembly was made up of 75 elected members. They represented the
colony, Ashanti and the Northern territories. An additional nine were
nominated, taking the total to 84.
Speaker of the Assembly
The constitution also made provision for a speaker of the
Legislative Council. The Speaker could either be elected from among the members
in the Assembly or could be elected from outside the Assembly.
The Executive Council
The constitution further made provision for an Executive
Council. There were 11 members in this Council. Out of the 11 members, 3 were
Europeans who were in charge of defense and external affairs, finance and then
justice. The rest 8 were Africans, all with ministerial responsibility, one of
whom was to serve as the Leader of Government business.
The Governor
The constitution, like previous ones before it, provided for
the position of a Governor. He was in charge of the entire colony.
THE POSITIVE ASPECTS OF
THE CONSTITUTION
Enlarged Legislative Assembly
One of the advantages of the Arden Clarke constitution was
that it enlarged the membership of the legislature. Previously, there were 31
members in the Legislative Council but with the new constitution, this was
increased to 84.
African Majority in the Executive Council
Another good thing about the Arden Clarke constitution was
that it introduced an African majority in the Executive Assembly. There were 8
Africans/Ghanaians, much more than the 3 Europeans.
Greater self-government
The constitution granted to the locals, more control over internal
affairs of the colony. The position of the Leader of Government Business was
akin to the position of a Prime Minister and he was responsible for the direct
administration of the colony.
LIMITATIONS OF THE
CLARKE CONSTITUTION
Governor’s veto power
The Governor continued to exercise his veto powers under the
new constitution. The Governor was given the power to reject any Ordinance that
was passed by the Legislative Council. The Governor also had the power of
Certification where he could force a law to be passed even if the majority of
the members of the Legislative Council thought otherwise.
Cabinet responsibility
Unlike the Parliamentary system of government practiced in
Britain where the entire Cabinet was responsible to the British Parliament, under
the Clarke constitution, the European members of the Executive Council were
responsible to the Governor instead of the Legislative Assembly.
Power to dismiss African members of the Executive Council
The Arden Clarke constitution was criticized on the grounds
that it empowered the Legislative Assembly to dismiss any of the 8 African
members of the Executive Council but similar powers were granted it to dismiss
the European members of the same Council.
Denial of the right to vote
There were 70 Africans who elected into the Legislative
Assembly. However, they were not elected directly by the people. They were
elected through an electoral college to represent the rural parts of the gold
Coast.
Governor presiding over Cabinet
Another downside of the constitution was that the Governor
continued to preside over the meetings of the Executive Council, thus limiting
the powers of the leader of Government Business. The Governor also had complete
control over external affairs and over the army and police.
It did not grant self-government
In spite of the achievements of the Arden Clarke
constitution, it did not grant the power of self-rule to the people.
SAMPLE QUESTION(S)
1. a. What were the features of the Arden Clarke constitution
of 1951?
b. Highlight four
weaknesses of the Arden Clarke constitution.
2. Highlight three strengths and three weaknesses of the
Arden Clarke constitution.
