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Old Friday, October 24, 2014
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Default Some confusing terms

Dear All,

I have been reading Hamid Khans book and I feel there are certain legal terms that are bit confusing. I would request anyone to kindly contibute to explaining the following terms in simplest language possible. Please bear in mind that the definition must be in the context of colonial era as some of these terms might have different connotation in post independence constitutional jargon. I would also appreciate anyone adding to the list of these terms. I am sure it would make things a lot easier for many people. Thank you All.

1. Bicameral legislature
2. Central Legislature
3. Council of States
4. Central executive
5. single transferable vote
6. diarchy
7. legislative council
8. council of governor general
9. decloratory act
10. Act
11. Bill
12. ex-officio member
13. imperial council
14. Official majority vs. working majority

Last edited by Stunner; Saturday, October 25, 2014 at 03:51 PM. Reason: Edited ..
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Old Friday, October 24, 2014
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Quote:
Originally Posted by UsZi View Post
Dear All,

I have been reading Hamid Khans book and I feel there are certain legal terms that are bit confusing. I would request anyone to kindly contibute to explaining the following terms in simplest language possible. Please bear in mind that the definition must be in the context of colonial era as some of these terms might have different connotation in post independence constitutional jargon. I would also appreciate anyone adding to the list of these terms. I am sure it would make things a lot easier for many people. Thank you All.

1. Bicameral legislature
2. Central Legislature
3. Council of States
4. Central executive
5. single transferable
6. diarchy
7. legislative council
8. council of governor general
9. decloratory act
10. Act
11. Bill
12. ex-officio member
13. imperial council
14. Official majority vs. working majority
what is this subject???? Is it mercantile law
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Old Friday, October 24, 2014
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its pak affairs and the book is constitutional and political history of Pakistan-Hamid Khan
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Old Friday, October 24, 2014
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1. Bicameral legislature

A bicameral legislature is one in which the legislators are divided into two separate houses. Pakistan follows bicameral legislature i.e. two houses of Parliament one is National Assembly of Pakistan and other is Senate of Pakistan. chambers or houses.

2. Central Legislature

After British Indian Act of 1919 (also known as Montague Chelmsford Reforms Act), the British Govt of India was divided into two houses, upper house being Council of States, while the lower house was the Central Legislative Assembly (CLA was also known as Indian Legislative Assembly)

3. Council of States

As stated in para 2 above, the British Indian Act 1919 (also called Government of India Act 1919)created two houses, the upper house was known as Council of State. Same was dissolved on 14 August 1947 when partition of British India took place. As per Act of 1919, the Council of States had 60 members, out of whom 26 were nominated by the Governor General while 34 were elected from the provinces. The Government of India Act 1935 increased number of members upto 260 members.

Governor General/ Viceroy was ex officio President of Council of States


4. Central executive

Am not sure of this, usually term Central Executive Committee or Central Executive Council used for main governing body having versatile authority to make decisions.

5. single transferable:

Am not sure, usually term single transferable vote (STV) is used, which is a voting system for having proportional representation of voting. During counting unused votes for winning and eliminated candidates (that would otherwise be wasted) are transferred to next candidates according preferences of eliminated candidates. This voting system is used in some of the country/legislative houses, but not in Pakistan.

6. diarchy or dyarchy

It means dual/double government system, it was introduced by the British Indian Act 1919 for the provinces of British India. It was considered to be first step for giving greater rules to the locals. Each provincial government was divided into two sections, first was composed of Executive Counsellors headed by Governor and appointed by Secretary of State, while second was composed of ministers (Indians) who were chosen by the governor from the elected members of the provincial legislature. Different subjects were divided between Counsellors and Ministers. Important subjects like law and order and included justice, the police, land revenue, and irrigation were controlled by Counsellors and subjects controlled by local Ministers were local self-government, education, public health, public works, agriculture, forests, and fisheries.
System of dyarchy ended after promulgation of British Indian Government Act 1935.

7. legislative council

Legislative Council is a term usually used for a group of legislatures to make legislation/issue regulation/rules/orders for governing/administering an area or a some subjects.

In History of Indo-Pakistan, Imperial Legislative Council was the legislature for British India from 1861 to 1947. Before 1857 India was ruled by East Indian Company through Council of Governor General of India, which was replaced by the Imperial rule of British Crown and Council of Governor General converted into Imperial Legislative Council. Same remained in vogue with number of members changing from time to time (both British and Indians). After partition of British India, Imperial Legislative Council was transformed into Legislative Assembly of Pakistan and Legislative Assembly of India.

8. council of governor general

As stated at para 7 above, during ruling era of East India Company the legislation and executive functions were controlled through Council of Governor General.

9. decloratory act

Also known as American Colonies Act 1766, it was passed by the British Government stating that the taxing rules/authority of Britain is also applicable in America

10/11. Bill and Act

When some law/regulations are to be passed by Parliament/Assembly, they are presented in the form of Bill on the floor of Parliament/Assembly. Members of Assembly/Parliament discuss the Bill (law) and approve or disapprove it. In case, they approve the law, the Bill is sent to President (in case of Parliament) and Governor ( in case of Provincial Assembly) for assent. After assent of President/Governor, as the case may be, the Bill is transformed into Act and implemented.

12. ex-officio member

A member of any Committee/Council by virtue of his position/post is ex-officio member. For example, Secretary for Defence is ex-office member of Committee on Defence. It means any tom, dick and harry, who is Secretary for Defence shall be the member of the Committee and when he is posted out/expires/retires, he shall cease to be the member of that Committee and next Secretary would automatically become member of the Committee because of reason he is holding that post.

13. imperial council

As stated at para 7 above, i.e. Imperial Legislative Council.

14. Official majority vs. working majority

Am not sure of this, what i feel, working majority is the minimum number of legislatures required to form/run the government while official majority is the actual number of legislatures of the majority party.
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