Legislative Council

“ The general assembly, or legislature, shall consist of the governor, legislative council, and a house of representatives. The legislative council shall consist of five members, to continue in office five years, unless sooner removed by Congress; any three of whom to be a quorum ”

“ The complaints of the House of Assembly against the legislative council were now embodied in an address to the queen. In this address it was stated that in the opinion of the House the legislative council should be composed of persons not only representing all the leading interests of the province, but so independent in respect to property and so free from official control as to form a constitutional check on the executive. ”

“ The Legislative Council will have a substantial elected majority, elected on a broad franchise with Governor as President. (A Commission is appointed to inquire into the question of franchise and the composition of the Council, but the report is not yet out.) [Pg 230]
The Grand Committee will comprise only from 40 to 50 per cent of Legislative Council, and its members will be partly elected by a ballot and partly appointed by nomination.
All Legislation and the Budget for transferred subjects only must be passed in the Legislative Councils. ”

“ At first Congress was to appoint the governor, secretary, judges and militia generals, and the governor and judges were, until the organization of a legislature, to make laws subject to the veto of Congress. When the population reached 5000 free male adult inhabitants the Territory was to have an assembly of its own, to consist of the governor, a legislative council of five, selected by Congress from ten nominations by the lower house, and a lower House of Representatives of one delegate for every 500 free male inhabitants. ”

“ The function of the representative body, needed under a system of direct legislation, is substantially that of a legislative and administrative council or commission. It should be an experienced body of legal, administrative, and financial experts, comparatively limited in numbers, and selected in a manner to make them solicitous of the interests of the whole state. They should be elected, consequently, from comparatively large districts, or, if possible, by the electorate of the whole state under some system of cumulative voting. ”

“ The members of the Legislative Council shall be appointed by the Crown under the Great Seal of the General Government, and shall hold office during Life. If any Legislative Councillor shall, for two consecutive Sessions of Parliament, fail to give his attendance in the said Council, his seat shall thereby become vacant. ”

“ The most prevalent idea in the principal States seems to be a total alteration of the present federal system, and substituting a great national council or parliament, consisting of two branches of the legislature, founded upon the principles of equal proportionate representation, with full legislative powers upon all the subjects of the Union; and an executive: and to make the several State legislatures subordinate to the national, by giving the latter the power of a negative upon all such laws as they shall judge contrary to the interest of the federal Union ... ”

“ Nevertheless, the higher a man is placed the more independent he is, and the greater confidence the people have placed in him the more he has need of enlightened and conscientious councils. Thence the creation of a council of state, henceforward a veritable council of the government, first wheel in our organization, a collection of practical men, elaborating bills in special commissions, discussing them with closed doors, without oratorical ostentation in general assembly, and presenting them afterwards for acceptance to the legislative body. ”

“ All who were ever present at the meetings of the council must know with what zeal the cause of the citizens was there defended. A committee of the Council of State received all the petitions of the Empire, and laid before the Sovereign those which deserved his attention.
With the exception of lawyers and persons employed in the administration, it is surprising how far the rest of society were ignorant of our political legislation. No one had a correct idea of the Council of State, of the Legislative Body, or of the Senate. ”

“ Honorable Judges, in our second speech we proved to you, that the commission provides a small but efficient legislative body, far superior to that of an isolated council. If you want municipal home rule, establish a form of government which makes it possible.
Mr. Charles Briggs replied for the Negative:
My colleague has proved that whatever the form of government, there must be a body capable of wise legislation, in fact, that there must be a body that is primarily legislative in character no matter what its connection or relation with the other departments of government. ”

“ The legislative power of the Empire shall be exercised by the federal council and the diet. A majority of the votes of both houses shall be necessary and sufficient for the passage of a law. When a law is proposed in relation to the army or navy, or to the imposts specified in article 35, the vote of the presiding officer shall decide; in case of a difference of opinion in the federal council, if said vote shall be in favor of the retention of the existing arrangements. ”

“ The national assembly as a legislative and constitutional one does not contradict what has recently been mentioned regarding the intention of the government to form a consultative council to widen the sphere of its consultations regarding what the government wants to do. The consultative council does not replace the national assembly as a constitutional and legislative authority.
We hope your highness will realize this popular demand in which there is good for every one. ”

“ For instance, the constitution expanded the right of legislative initiative to include not only the National Assembly and the Council of Ministers but also the State Council, the permanent commissions of the National Assembly, the Supreme Court, the chief prosecutor, and the district people's councils. The rationale was that the National Assembly is not a continuously sitting body so that its functions must, of necessity, be assigned to state bodies of a permanent nature. ”

“ Before issuing any guidelines or amendments to them under this section, the Commission must consult the Legislative Council and any persons it considers appropriate.
(5) The Commission must make available copies of all guidelines issued under this section and of all amendments made to them—
(a) at the offices of the Commission during ordinary business hours; (b) through the Internet or a similar electronic network; and (c) in any other manner the Commission considers appropriate. ”

“ In creating such an administrative agency, the Legislature, to prevent its being a pure delegation of legislative power, must enjoin upon it a certain course of procedure and certain rules of decision in the performance of its function. ”

“ And in the mean time those picked and chosen ones will elect the state officers whom the legislature has the power to name, will have the machinery to distribute all state patronage and to make the legislative committees safe for the big measures. ”

“ The Government is still divided into legislative, executive and judicial departments, the duties of which are discharged by representatives selected by the people. Under this amendment, it is true, the people may exercise a legislative power, and may effect veto or defeat bills passed and approved by the Legislature and governor but the legislative and executive departments are not destroyed, nor are their powers or authority materially curtailed. ”

“ The wisdom and the constitutionality of these broad delegations are matters that still have not been put to rest. But for present purposes, these cases establish that, by virtue of congressional delegation, legislative power can be exercised by independent agencies and Executive departments without the passage of new legislation. For some time, the sheer amount of law — the substantive rules that regulate private conduct and direct the operation of government — made by [p986] the agencies has far outnumbered the lawmaking engaged in by Congress through the traditional process. ”

“ Congress possess the power of exclusive legislation over the District of Columbia, and I commend the interests of its inhabitants to your favorable consideration. The people of this District have no legislative body of their own, and must confide their local as well as their general interests to representatives in whose election they have no voice and over whose official conduct they have no control. ”

“ The Constitution is our supreme law and must be obeyed by the general government, the State governments, and the people; if not, the general government punishes the offender.
Congress, or the legislative department, consists of two branches, the Senate and House of Representatives. Each State, no matter what its population, is entitled to two Senators, who serve for six years and are elected by the respective State Legislatures; the Representatives are apportioned according to the population, are voted for directly by the people, and serve for two years. ”

“ It is enough for us to declare its existence. The legislative department of a state represents its polity and its will, and is called upon by the highest demands of natural and political law to preserve justice and judgment, and to hold inviolate the public obligations. ”

“ If the President is sitting with one or more other members, the President is to preside over the hearing; if the President is not sitting and there is more than one other member sitting, the President is to appoint one of those other members to preside over the sitting. ”

“ The administrator is assisted by an executive committee of four persons elected from among its own members, or otherwise, by the provincial council on the proportional representation principle. The administrator and any other member of the executive committee, not being a member of the council, has the right to take part in the proceedings of the council, but has not the right to vote. The provincial councils have not the right to make laws, but ordinances, which must receive the assent of the governor-general in council before becoming valid. ”

“ If a public improvement is agreed upon, the districts and communities interested, make an appropriation of necessary material and labor, and the work is pushed forward. In all things this great council is advisory in its character and the executive committee only takes such action as the people have agreed upon, and when any matter has been agreed upon the executive power acts at once without question. The will of the people is the law which no one ever assumes to question. ”

“ Presumption as to genuineness of certified copies The Court shall presume to be genuine every document purporting to be a certificate, certified copy, or other document, which is by law declared to be admissible as evidence of any particular fact, and which purports to be duly certified by any officer of the Central Government or of a State Government, or by any officer in the State of Jammu and Kashmir who is duly authorized there to by the Central Government:
Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf. ”

“ Every person lawfully ordered to attend to give evidence or to produce any paper, book, record or document before the Council or a committee shall, subject to section 16, be entitled, in respect of such evidence or the disclosure of any communication or the production of any such paper, book, record or document, to the same right or privilege as before a court of law. ”