Assignment

On
'Privy Council'

Supervised By :
Khadijatul Kubra
Department of Law
Southern University Bangladesh

Submitted By :
Negar Sultana
ID No: 222-45-18
Department of Law
Southern University Bangladesh

Southern University Bangladesh

Date of Submission: 16th April, 2019

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Introduction
The Privy Council goes back to the earliest days of the Monarchy, when it comprised
those appointed by the King or Queen to advise on matters of state. As the constitution
developed into today's constitutional monarchy, under which The Sovereign acts on the
advice of Ministers, so the Privy Council adapted. Its day to day business is transacted by
those of Her Majesty's Ministers who are Privy Counsellors, that is all Cabinet Ministers
and a number of junior Ministers. Membership of the Privy Council brings with it the
right to be called "Right Honourable". The Privy Council still meets regularly, on average
once a month, but, as with the Cabinet, most of its business is transacted in discussion
and correspondence between its Ministerial members and the Government Departments
that advise them. The Privy Council Office (which is itself a Government Department)
provides a secretariat for these discussions, as the Cabinet Office does in relation to the
business of Cabinet and Cabinet Committees. Councils are held by The Queen and are
attended by Ministers and the Clerk of the Council. At each meeting the Council will
obtain Her Majesty's formal approval to a number of Orders which have already been
discussed and approved by Ministers, much as Acts of Parliament become law through
the giving of the Royal Assent after having been debated in Parliament. Meetings are
reported in the Court Circular, along with the names of Ministers attending (usually four
in number). The Orders made at each Council are in the public domain, and each bears
the date and place of the Council at which it was made. There is therefore nothing at all
"secret" about Privy Council meetings. The myth that the Privy Council is a secretive
body springs from the wording of the Privy Counsellor's Oath , which, in its current form,
dates back to Tudor times. It requires those taking it to "keep secret all matters...treated of
in Council". The Oath (or solemn affirmation for those who cannot take an Oath) is still
administered, and is still binding; but it is only in very special circumstances nowadays
that matters will come to a Privy Counsellor on "Privy Council terms". These will mostly
concern matters of the national interest where it is important for senior members of
Opposition parties to have access to Government information.

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What is the Privy Council?
The Privy Council is, broadly, a collection of senior politicians who are or have been
members of the House of Commons or House of Lords.
Historically the Privy Council – private council – consisted of the monarch’s close
advisors. It played the role of what we would now think of as a governing cabinet.
As the British constitution has evolved, the monarch has taken a less important role in
government. The Privy Council has, too. The modern Cabinet is technically a committee
of the privy council and so everyone who is a member of the Cabinet must be a privy
councilor.

What does it do?

The exact content of the Privy Council’s work is not public because its meetings a
conducted in secret. However, the council’s business is reported to be largely
administrative. Opposition leaders who are members can receive security briefings
through their membership of the group.

Who is a member?
The council has around 600 members. Once you are appointed to the Privy Council you
are a member for life. People can be removed from the Privy Council by the monarch for
misdeeds and it is possible to resign. MPs who are members of the Privy Council are
referred to as “the Right Honourable member” in the House of Commons.

When does it meet?

The council meets once a month, wherever the Queen is. For a meeting to go ahead at
least three members must attend, including the Lord Chancellor.

How do you become a member?

New members usually undergo a ceremony attended by the Queen. During this ceremony
the new member kisses the hand of the Queen and recites a binding oath to keep the

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Council’s proceedings secret and defend the monarch against “all foreign princes,
persons, prelates, states or potentates”. This may present a problem for republicans
opposed to the existence of the monarchy. Some members of the council skip the
ceremony but it is rare for prominent politiicans to take this approach.

History of Privy Council

The Privy Council of the United Kingdom was preceded by the Privy Council of Scotland
and the Privy Council of England. The key events in the formation of the modern Privy
Council are given below: In Anglo-Saxon England, Witenagemot was an early equivalent
to the Privy Council of England. During the reigns of the Norman monarchs, the English
Crown was advised by a royal court or curia regis, which consisted of magnates,
ecclesiastics and high officials. The body originally concerned itself with advising the
sovereign on legislation, administration and justice. Later, different bodies assuming
distinct functions evolved from the court. The courts of law took over the business of
dispensing justice, while Parliament became the supreme legislature of the kingdom.
Nevertheless, the Council retained the power to hear legal disputes, either in the first
instance or on appeal.[3] Furthermore, laws made by the sovereign on the advice of the
Council, rather than on the advice of Parliament, were accepted as valid. Powerful
sovereigns often used the body to circumvent the Courts and Parliament. For example, a
committee of the Council—which later became the Court of the Star Chamber—was
during the 15th century permitted to inflict any punishment except death, without being
bound by normal court procedure. During Henry VIII's reign, the sovereign, on the
advice of the Council, was allowed to enact laws by mere proclamation. The legislative
pre-eminence of Parliament was not restored until after Henry VIII's death. Though the
royal Council retained legislative and judicial responsibilities, it became a primarily
administrative body. The Council consisted of forty members in 1553, but the sovereign
relied on a smaller committee, which later evolved into the modern Cabinet.
By the end of the English Civil War, the monarchy, House of Lords, and Privy Council
had been abolished. The remaining parliamentary chamber, the House of Commons,

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instituted a Council of State to execute laws and to direct administrative policy. The
forty-one members of the Council were elected by the House of Commons; the body was
headed by Oliver Cromwell, de facto military dictator of the nation. In 1653, however,
Cromwell became Lord Protector, and the Council was reduced to between thirteen and
twenty-one members, all elected by the Commons. In 1657, the Commons granted
Cromwell even greater powers, some of which were reminiscent of those enjoyed by
monarchs. The Council became known as the Protector's Privy Council; its members
were appointed by the Lord Protector, subject to Parliament's approval.
In 1659, shortly before the restoration of the monarchy, the Protector's Council was
abolished. Charles II restored the Royal Privy Council, but he, like previous Stuart
monarchs, chose to rely on a small group of advisers. Under George I even more power
transferred to this committee. It now began to meet in the absence of the sovereign,
communicating its decisions to him after the fact.
Thus, the British Privy Council, as a whole, ceased to be a body of important confidential
advisers to the sovereign; the role passed to a committee of the Council, now known as
the Cabinet.

Origin of the term

According to the Oxford English Dictionary, the definition of the word privy in Privy
Council is obsolete meaning "of or pertaining exclusively to a particular person or
persons, one's own"; hence the Council is personal to the sovereign. It is closely related to
the word private, and derives from the French word privé.

Establishing Judicial Committee of the Privy Council Acts:

1. The Judicial Committee Act, 1833 was passed by the British Parliament, which
established a statutory permanent committee (The Privy Council) on 14.8.1833 of
legal experts.

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 2. It was enacted for the purpose of hearing appeals from the British Colonies and
disposing of other matters as referred to them by His Majesty according to the
Provisions of the Act.
3. This statutory Committee was known as the "The Judicial Committee of the Privy
Council"

Composition of the Judicial Committee of the Privy Council

i. Under the Act of 1833, the Judicial Committee of the Privy Council composed of
the President of the Privy Council, Lord High Chancellor, and such other members
of the Privy Council as from time to time held various offices.
ii. The Acts of 1844, 1908, 1929 and other Acts have modified the constitution of the
Judicial Committee of the Privy Council.

Composition
The sovereign, when acting on the Council's advice, is known as the King-in-Council or
Queen-in-Council. The members of the Council are collectively known as The Lords of
Her Majesty's Most Honourable Privy Council (sometimes The Lords and others of ...).
The chief officer of the body is the Lord President of the Council, who is the fourth
highest Great Officer of State, a Cabinet member and normally, either the Leader of the
House of Lords or of the House of Commons. Another important official is the Clerk,
whose signature is appended to all orders made in the Council.
Both Privy Counsellor and Privy Councillor may be correctly used to refer to a member
of the Council. The former, however, is preferred by the Privy Council Office,
emphasising English usage of the term Counsellor as "one who gives counsel", as
opposed to "one who is a member of a council". A Privy Counsellor is traditionally said
to be "sworn of" the Council after being received by the sovereign.
The sovereign may appoint anyone a Privy Counsellor, but in practice appointments are
made only on the advice of Her Majesty's Government. The majority of appointees are
senior politicians, including Ministers of the Crown, the few most senior figures of Loyal

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Opposition, the Parliamentary leader of the third-largest party, a couple of the most
senior figures in the devolved British governments and senior politicians from
Commonwealth countries. Besides these, the Council includes a very few members of the
Royal Family (usually the consort and heir apparent only), a few dozen judges from
British and Commonwealth countries, a few clergy and a small number of senior civil
servants. There is no statutory limit to its membership: at January 2012, there were about
600 members; they had risen in number to over 650 by June 2015.

Privy Council oath and initiation rite

It was formerly regarded by the Privy Council as criminal, and possibly treasonous, to
disclose the oath administered to Privy Counsellors as they take office. However, the oath
was officially made public by the Blair Government in a written parliamentary answer in
1998, as follows.[38] It had also been read out in full in the House of Lords during debate
by Lord Rankeillour on 21 December 1932. You do swear by Almighty God to be a true
and faithful Servant unto the Queen's Majesty, as one of Her Majesty's Privy Council.
You will not know or understand of any manner of thing to be attempted, done, or spoken
against Her Majesty's Person, Honour, Crown, or Dignity Royal, but you will let and
withstand the same to the uttermost of your Power, and either cause it to be revealed to
Her Majesty Herself, or to such of Her Privy Council as shall advertise Her Majesty of
the same. You will, in all things to be moved, treated, and debated in Council, faithfully
and truly declare your Mind and Opinion, according to your Heart and Conscience; and
will keep secret all Matters committed and revealed unto you, or that shall be treated of
secretly in Council. And if any of the said Treaties or Counsels shall touch any of the
Counsellors, you will not reveal it unto him, but will keep the same until such time as, by
the Consent of Her Majesty, or of the Council, Publication shall be made thereof.

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Conclusion
The Privy Council formally advises the sovereign on the exercise of the Royal
Prerogative, and corporately (as Queen-in-Council) it issues executive instruments known
as Orders in Council, which among other powers enact Acts of Parliament. The Council
also holds the delegated authority to issue Orders of Council, mostly used to regulate
certain public institutions. The Council advises the sovereign on the issuing of Royal
Charters, which are used to grant special status to incorporated bodies, and city or
borough status to local authorities. Otherwise, the Privy Council's powers have now been
largely replaced by its executive committee, the Cabinet of the United Kingdom.

Reference
 Edited by Edmund Weiner & John Simpson. (1991). The Compact Edition of the
Oxford English Dictionary (Second Edition). Oxford University Press. ISBN 0-19-
861258-3.
 "Legislative Competence Orders" (PDF). Constitutional Quick Guides No. 3.
Welsh Assembly. 2007. Retrieved 12 September 2008.
 e.g. "Statutory Instrument 1988 No. 1162". Office of Public Sector Information.
Retrieved 11 September 2008.
 e.g. "Statutory Instrument 1999 No. 1379". Office of Public Sector Information.
Retrieved 11 September 2008.
 "Departmental Plan 2004/05" (PDF). Privy Council Office. Archived from the
original (PDF) on 1 October 2008. Retrieved 11 September 2008.
 "Privy Council Office FAQs". Privy Council Office. Retrieved 13 January 2012.
 "No. 56070". The London Gazette (Supplement). 30 December 2000. p. 1.