Posted by Chester Morton / Thursday, 29 June 2017 / No comments
The functions, powers and limitations of the Prime Minister under the 1957 independent constitution of Ghana
THE
FUNCTIONS, POWERS AND LIMITATIONS OF THE PRIME MINISTER UNDER THE 1957
INDEPENDENT CONSTITUTION OF GHANA
Introduction
When Ghana became the first country south of the
Sahara to attain political independence from her colonial master, the British,
on 6th March, 1957, it also marked the introduction of a new constitution. The constitution was intended to guide the conduct of the affairs
of the new nation. The constitution made provisions for the position of a
Prime Minister. The Prime Minister, who was
leader of the dominant party in the parliament, called the National Assembly, was appointed by the Governor-General.
FUNCTIONS
AND POWERS
Implementation of laws
One of the functions of the Prime Minister was to
ensure that the laws of the land were implemented throughout the country in
order to maintain law and order. This was so because the Prime Minister was
part of the double-executive created by the new constitution and it was fashioned
on that of the colonial master.
Implementation of policies
Another function of the Prime Minister under the
constitution was to see to the implementation of the policies of the
government. Policies emanated from the cabinet after careful deliberations but
until they were carried out, they remained on the drawing board. It was the
duty of the Prime Minister to ensure that such policies moved from the drawing
board to see the light of day. He achieved this through the various ministries
under him working through the Civil and the Public Service.
Supervision and coordination
Another major function of the Prime Minister was to
supervise and coordinate the work of the ministries and agencies that operated
under his watch. Policies that were fashioned out at the level of the Cabinet
were implemented by these ministries and agencies but someone must supervise
them and that duty fell on the Prime Minister, according to the constitution.
Where a policy was failing, he was expected to give a new direction or to
decide to withdraw the particular policy altogether.
Parliamentary debates
It was also the function of the Prime Minister to
engage in deliberations in parliament. He was expected to do this in his
capacity as a representative of the constituency from which he was elected at
the general elections. Under the Parliamentary system of government, adopted by
Ghana at independence, a Prime Minister must himself have been elected as a
member of parliament before he could be appointed as the Prime Minister. His
appointment does not mean he should shirk his responsibility as a parliamentarian, representing his constituency.
Preparation of sessional address
It was the duty of the Prime Minister under the
independence constitution to help his cabinet to prepare the Sessional Address
that would be read by the Governor-General to the National Assembly. This duty
was very crucial since any mistakes could embarrass the Governor-General.
Appointment of Ministers
The Prime Minister took part in the appointment of
Ministers of State under the constitution. He was the one who recommended
qualified people to the Governor-General before they could be appointed. In the
absence of this recommendations, the hands of the Governor-General were tied and
he could do nothing.
Chaired Cabinet meetings
The Prime Minister was the head of government and as
such the active Head of State. The constitution made provisions for him to
preside over Cabinet meetings. It was at these meetings that matters of
importance to the administration of the state were discussed and decisions
arrived at.
Re-shuffle Cabinet
The 1957 independence constitution empowered the Prime
Minister to re-shuffle his cabinet if he thought it was in the interest of the
nation or help improve upon the output of the members. He could move one
minister from one portfolio to another one.
Dismissal of members of the National Assembly
The Prime Minister was emboldened by the constitution
to recommend for removal of members from the National assembly if he thought it
was in the interest of the nation.
LIMITATIONS
Control by
the Constitution
There were constitutional provisions that served as
limitations to the powers of the Prime Minister. His functions were specified
in the constitution and therefore he could not step beyond the powers granted to him under the constitution. In other words, he could not take any
action that was in violation of the constitution. The constitution was
therefore a major limitation to the powers and functions of the Prime Minister.
Executive Limitations
Another limitation on the powers of the Prime Minister
was that he could not take certain actions without the approval of the Governor-General.
For example, he could not appoint Ministers of State on his own accord. He had
to seek the approval of the Governor-General before the appointment of
Ministers of State and Justices of the Appeal Court.
The Local Press
The Local press was also a limiting factor for the Prime
Minister. There emerged a vibrant Press by the time of independence in Ghana, and this
kept the Prime Minster on his toes. The Press did what the constitution
mandated them to do and that was to give constructive criticism on the conduct
of national affairs.
Public Opinion
The Prime Minister was also limited by Public Opinion as
formed in the Local Press and through other mediums. In other words, the opinions
that were shaped, in the Ghanaian Press could influence the Prime Minister as
to which actions to take or not to take.
SAMPLE
QUESTIONS
1. Highlight six functions and powers of the Prime
Minster under the independent constitution of Ghana.
