7. Her Majesty will have power to disallow a Federal law at any Dis- time within twelve months after it has been assented to by the Governor- allowance. General.
8. The Federal Assembly will be summoned to meet once at least Sessions of in every year, and twelve months will not intervene between its last Assembly. sitting in one session and the date appointed for its first sitting in the
next session.
9. (1) The Governor-General will be empowered at any time to Dissolution prorogue or dissolve the Federal Assembly.
(2) The Governor-General will be required to dissolve the Federal Assembly at the expiration of five years from the date of the return of the first writ at the last preceding general election unless it has been sooner dissolved.
10. The Constitution will prescribe a period within which the first general election to the Federal Assembly must be held. Thereafter a general election will be held at such time within three months after every dissolution of the Assembly as the Governor-General may by Proclamation appoint.
and proro-
gation.
General elections.
CHAPTER IV
THE EXECUTIVE
1. There will be a Governor-General(27) of the Federation appointed The by Her Majesty.
2. (1) The executive authority of the Federation will extend to all matters with respect to which the Federal Assembly is `empowered to make laws(28).
(2) The Governor-General(29) may, with the consent of a Governor of a Territory, entrust to such Governor or to any other officer or
(27) It is provided in paragraph 6 (1) of this Chapter that the Governor-General will act on the advice of his Ministers except in the exercise of those powers which are stated to be exercisable in his discretion. In exercising his discretionary powers the Governor- General, while free to consult his Ministers, is not obliged to do so or to act on their advice; he is responsible to the Secretary of State and, subject to that, uses his own judgment. In all other cases the powers belong to the Governor-General in Council, i.e. he will exercise them on the advice of his Ministers.
The Governor-General's discretionary powers are set out in the following paragraphs of the draft Federal Scheme:--
Transitional: Chapter II, Part 3, paragraphs 4 (2), 5 (2) and 21 (2); Chapter III, paragraph 3 (2); Chapter IX, paragraph 1.
African Affairs Board:-Chapter V, paragraph 2, paragraph 6, sub-paragraphs "2", "5 (4)", "6 (2) ", and paragraph 7.
Miscellaneous:-Chapter II, Federal Legislative List, item 24; Chapter III, paragraph 5; Chapter IV, paragraph 2 (2), footnote (29), paragraph 3 (2), footnote (30).
(28) Arrangements similar to those already made with the Government of Southern Rhodesia will require to be made between Her Majesty's Government and the Federal Government to enable the latter to conclude trade, etc. agreements on its own behalf.
(29) The Governor-General will act in his discretion in delegating to the Governor, etc., of a Territory any function which he himself is empowered to exercise in his discretion.
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Governor- General.
Executive Authority
of the Federation.
167
Executive Authority
of Territory.
Ministers.
Executive Council.
Exercise of Governor- General's
powers.
authority of such Territory functions in relation to any matter to which the executive authority of the Federation extends.
Page A 46 of 20 Federal Assembly ageapplies of 200 Terri-
tory may, notwithstanding that it relates to a matter to which the executive authority of that Territory does not extend, confer powers or impose duties, or authorise the conferring of powers or the imposition of duties, upon the Governor of that Territory or upon any other officer or authority of that Territory; but no such provision of Federal law will have effect in relation to any Territory until the Governor of that Territory has so declared by notice in the official Gazette of the Territory.
3. (1) The executive authority of a Territory will remain as it was at the commencement of the Federation except that-
(a) it will not extend to any matter with respect to which the Federal Assembly has exclusive power to make laws; and
(b) in relation to matters in the Concurrent List, the Federation as well as the Territory will have executive authority (see paragraph 2 (1) above).
(2) The Governor of a Territory may, with the consent of the Governor-General(30), entrust to the Governor-General or to any other officer or authority of the Federation functions in relation to any matter to which the executive authority of the Territory extends and which, in the opinion of the Governor, is ancillary to, or closely related to, any matter included in the Exclusive List or the Concurrent List.
4. (1) The Governor-General may appoint a Prime Minister and other Ministers and may assign to each Minister such Departments as he thinks fit.
(2) A Minister will hold office during Her Majesty's pleasure.
(3) No Minister will hold office for a longer period than four months unless he is or becomes a member of the Federal Assembly. 5. (1) There will be an Executive Council(31) to advise the Governor- General in the government of the Federation. The Executive Council will consist of:-
(a) the Prime Minister
(b) such other persons, being Ministers, as the Governor-General
may from time to time appoint.
(2) Members of the Executive Council will hold office during Her Majesty's pleasure, and will cease to be members of the Executive Council if they cease to be Ministers.
(3) Members of the Executive Council and Ministers will be required to take an appropriate oath in respect of their offices.
6. (1) The Governor-General will be required by Royal Instructions to act in accordance with advice of the Executive Council in the exercise of all powers conferred on him by the Constitution except those powers which are stated to be exercisable by him in his discre- tion. As regards the appointment of a Prime Minister and Ministers the normal constitutional conventions will be followed. i
(30) In giving his consent to such delegation by the Governor of a Territory the Governor-General will act in his discretion if satisfied that the functions to be delegated are similar to functions which he himself is empowered to exercise in his discretion. (31) There will be a system of Cabinet government but in accordance with normal constitutional practice the Cabinet as such will not be mentioned in the Constitution.
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